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Written by : Desmond Vilaro
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hi I'm sorry here to answer your copyright questions today's topic is fair use first what is fair use fair use allows you to reuse copyright protected material under certain circumstances without getting permission from the copyright owner fair use is an exception to copyright law and is not determined by YouTube let me say that again YouTube does not decide what is fair use and what isn't only the court can do that what counts is fair use different countries have different rules about when it's okay to use material without the copyright owner's permission in some countries it's not even called fair use for example in the UK it's referred to as fair dealing aside from what your country calls it courts usually focus on whether your use of another person's song or video is transformative basically they're asking if you added new expression or meaning to the original work or if it basically copies the original for example in the u.s. content that might be considered fair use includes commentary criticism or news reporting also keep in mind that just because you say something's fair use give credit to the copyright owner or add a disclaimer like no infringement intended it does not mean that you're protected how is fair use determined by law determining fair use is never a cut and dried process in the u.s. fair use can only be determined in court by a judge the judge will look at your case overall based on a few different factors here are a few things to keep in mind based on what the courts look at you're less likely to qualify for fair use if your video merely copy someone else's and adds nothing else if you're trying to monetize your video if you're using fictional copyrighted material rather than factual material if you borrowed a large amount of material rather than a small portion if the main focus of your video is the copyright protected material or if your use of the material harms the copyright owners ability to profit from their we'll work so all of these are helpful factors to consider when thinking about fair use but also keep in mind there is no guarantee that you'll qualify for fair use just because you take these factors into account for example just because you don't monetize your video or if you only use a small portion of the copyrighted material that does not mean you'll automatically qualify for fair use again the courts look at everything holistically and there's always a risk involved when using someone else's copyrighted work think carefully about all of these factors and get legal advice if needed companies are claiming just a few seconds of a video how is that not abuse one of the biggest myths about fair use is that there's a minimum amount of time you're allowed to use someone else's copyrighted work but despite what some people may think there is no duration which you can use someone else's content that is automatically protected under fair use in fact courts have rejected fair use arguments for songs that only sample a few seconds of someone else's work so if you're using any amount of content that you don't own even a few seconds you're taking a risk of receiving a claim or a takedown you have the right to argue fair use but only courts not YouTube can ultimately decide whether the use of someone else's content is protected under fair use because of this our approach has been to empower creators to remove claimed content whenever possible if they feel that it isn't adding significant value to their video that's why we've built tools to help you easily identify the content being claimed in your video and remove or swap out claiming music with copyright safe tracks from the free YouTube audio library we're also now requiring claimants to add timestamps to these claims so you know exactly which piece of your video is being claimed we've also updated our editing tools so that when you remove the content manually claimed in your video the claim is automatically released restoring monetization to your video if you are previously monetizing why does my content which is clearly fair use keep getting claimed by Content ID automated systems like Content ID can't determine fair use which is a subjective case-by-case decision that can only be made by a court while YouTube can't arbitrate fair use disputes and automated systems like Content ID can account for fair use this doesn't mean that fair use can't exist on YouTube if you're a creator you should avoid relying on fair use unless you understand how the rules work and you're prepared to defend your position through the Content ID dispute process and potentially the counter-notification process this forces the claimant to withdraw or to file a lawsuit this isn't a decision that should be taken lightly or without legal advice but it is the most powerful step you can take if you want to pursue a fair use defense and will force the most thoughtful review from the claimant and that's it for fair use check out more info in our Help Center linked in the description below and be sure to check out the other videos in our copyright series linked here bye
Thanks for your comment Shayne Kannan, have a nice day.
- Desmond Vilaro, Staff Member
hey there see this really crude drawing notice anything special about it no well it's copyrighted and that copyright belongs to me Courtney from New Media writes you can get a copyright for your own work too want to know how I'll totally tell you let's recap a little bit about copyrights before I start though a copyright is a legal right the creators have to copy and distribute their work it also temporarily keeps other people from copying changing or distributing that work it exists for the purpose of benefiting the public by encouraging creators to keep creating because it allows them to control how the world first sees their work and it allows them to make a profit copyright law attempts to balance the creator's need for protection with the public's need to freely use creative work now we're going to talk about how you can even get a copyright are you ready for a surprise okay here goes copyright law protects a work as soon as it's created I know that sounds crazy but it makes total sense what would the point of copyright laws be if someone could copy your work before you officially receive protection it's not a race so you don't have to register your work or even finish it to be protected copyright laws protect you as you create all you have to do is make sure your work meets the pretty loose requirements to be protected which you can learn about in our video what can be copyrighted registering your work officially with the US Copyright Office is totally optional but it does allow you to sue anyone who infringes on your copyright you can register at any time but registering before or shortly after publication has lots of benefits which we'll talk about in a different video but because nothing in the world can be simple registering has its drawbacks too which we'll also talk about in a separate video for one thing it costs $35 per work to register so if you write a lot of blogger posts or your photographer who shoots a thousand pictures every day that's potentially a lot of money you're going to spend just to get some extra protection on your work oh and if you change your work any time after you send in the forum you also have to update your registration that involves filling out another form sending in a physical copy of your work and paying another $35 you know would be an even better use of $35 you should donate it to new media rights if you're enjoying these videos or at least learning from them please consider donating to us to keep this project going you can donate on our youtube channel or at new media Rights org baba let's recap a little bit about copyrights before I start I can throw in the other direction
Thanks Mirella your participation is very much appreciated
- Desmond Vilaro
About the author
I've studied special education at Minnesota State University Moorhead in Moorhead and I am an expert in relativistic kinematics. I usually feel loved. My previous job was airline flight control administrator I held this position for 11 years, I love talking about photography and genealogy. Huge fan of Andrew Lincoln I practice sky surfing and collect buttons.
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